The Members of the
World Trade Organization (WTO) appear to be at a stage where they are unable to
reconcile their diverse interests to conclude any multilateral agreement. This
has led a few like-minded Members to initiate negotiations in sub-groups called
Joint Statement Initiatives (JSIs). The JSI on E-commerce recently produced an
Agreement on E-commerce, which presents a unique opportunity to provide a
first-of-its kind multilateral framework for digital trade. However, it remains
uncertain how their outcomes can be integrated into the broader WTO framework.
Recent experiences with the outcomes of other JSIs have shown no clear path
forward. A small group of Members is likely to block the Agreement on
E-commerce from attaining the status of a ‘plurilateral agreement’ under the
WTO Agreement. This article focusses on the various alternatives available to
the proponents of the JSI. While several options exist, each has their own
drawbacks, making some less desirable than the others.